Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Sherwood v Commonwealth Bank of Australia [2015] FCA 1403 Citation: Sherwood v Commonwealth Bank of Australia [2015] FCA 1403
Parties: LESLIE JAMES SHERWOOD, JULIANNE SHERWOOD, SEAN PATRICK JUDE MCARDLE and PAULA JOANNE MCARDLE v COMONWEALTH BANK OF AUSTRALIA (ABN 48 123 123 124) and COLONIAL FIRST STATE INVESTMENTS LTD (ABN 98 002 348 352) AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION v STORM FINANCIAL LIMITED (RECEIVERS AND MANAGERS APPOINTED) (IN LIQUIDATION) (ACN 064 804 691), COMMONWEALTH BANK OF AUSTRALIA (ACN 123 123 124), BANK OF QUEENSLAND LIMITED (ACN 009 656 740) and MACQUARIE BANK LIMITED (ACN 008 583 542)
File numbers: NSD 811 of 2010 QUD 577 of 2010
Judge: COLLIER J
Date of judgment: 8 December 2015
Catchwords: PRACTICE AND PROCEDURE – relief from implied undertakings in two separate proceedings – principles in Harman v Secretary of State for the Home Department [1983] 1 AC 280, Esso Australia Resources Ltd v Plowman (1995) 183 CLR 10 and Hearne v Street (2008) 235 CLR 125 considered – circumstances when relief should be given – Liberty Funding Pty Ltd v Phoenix Capital Ltd (2005) 218 ALR 283 – re-opening closed files by filing interlocutory applications – r 2.2(1) and (2) Federal Court (Corporations) Rules 2000 (Cth) PRACTICE AND PROCEDURE – Representative Proceedings – relief sought pursuant to s 33ZF Federal Court of Australia Act 1976 (Cth) COSTS – s 43 Federal Court of Australia Act 1976 (Cth) – whether parties should bear their own costs
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